Cotes v. Carroll
New York Supreme Court
This action was commenced by the plaintiffs, two of the executors of Benjamin Rathbun, to obtain a judicial construction of his will. The defendants Laura Carroll, Jane M. Rathbun and George L. Rathbun (only children of Charles Rathbun, a son of deceased), appeared by Countryman & Moak, and the defendants Andrew R. Smith, Minerva E. Wood, Calvin P. Smith and Louisa Rathbun, by D. C. Bates, Esq.
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This action was commenced by the plaintiffs, two of the executors of Benjamin Rathbun, to obtain a judicial construction of his will. The defendants Laura Carroll, Jane M. Rathbun and George L. Rathbun (only children of Charles Rathbun, a son of deceased), appeared by Countryman & Moak, and the defendants Andrew R. Smith, Minerva E. Wood, Calvin P. Smith and Louisa Rathbun, by D. C. Bates, Esq. The case was tried at the Otsego special term, in July, 1861. The principal questions litigated were: 1st. Whether the defendant George L. Rathbun, under the second and third clauses of the will, on…
1Opinion of the CourtMason, J.
There can be no doubt, I think, that the appeal in this case as to the defendants Laura, Jane M. and George L., who appeared by Countryman & Moak, their attorneys, is wholly ineffectual. As to them there is no appeal, as no notice of appeal was served upon them or their attorneys. The language of the Code is that “ an appeal must be made by the service of a notice in writing on the adverse party, and on the clerk with whom the judgment or order appealed from is entered.” The 60th section of the statute regulating appeals from a decree of the vice-chancellor to the chancellor, declared that an…
2Cases cited3 opinions
- Thompson v. EllsworthNew York Court of Chancery · 1846
- Wait v. . Van AllenNew York Court of Appeals · 1860
- Crittenden v. Adams & CrittendenNew York Supreme Court · 1850
3Cited by8 opinions
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- Sutton v. Consolidated Apex Mining Co.South Dakota Supreme Court · 1900
- Commercial National Bank of Ogden v. United States Savings, Loan & Building Co.Utah Supreme Court · 1896
- Wheeler v. HartshornWisconsin Supreme Court · 1876
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